(1) This section applies to commitments of a person from a reservation for land-based tribes of Native Americans when, under federal law, the state does not have jurisdiction of commitments on the reservation.
(2) When this section is applicable as provided under subsection (1) of this section, a person alleged to be mentally ill by affidavit of two other persons may be admitted to a state hospital for persons with mental illness for emergency treatment, care and custody, provided such affidavit includes or is accompanied by all of the following:
(a) The circumstances constituting the emergency.
(b) Written application for admission to the hospital, executed in duplicate.
(c) A certificate to the effect that the person is so mentally ill as to be in need of immediate hospitalization.
(d) A medical history, including the name, condition, sex and age of the person.
(e) The name and address of the nearest relative or legal guardian, if any, of the person.
(3) The certificates, applications and medical histories shall be made upon forms prescribed by the Department of Human Services and shall be executed by the county health officer or by two physicians licensed by the Oregon Medical Board, none of whom shall be related to the person by blood or marriage.
(4) When a person is admitted to a state hospital under this section, any physician treating the person shall give the person the warning under ORS 426.123.
(5) This section may be applied as provided by agreement with the ruling body of the reservation. Payment of costs for a commitment made under this section shall be as provided under ORS 426.250. [Amended by 1953 c.442 §2; 1975 c.690 §12; 1987 c.903 §21; 2007 c.70 §204]
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